Star Jewelers, Inc. v. Durham

Deen, Presiding Judge.

We first consider the cross appeal. Frances and Lonnie Durham were married for a number of years and had one daughter, Lori, aged seven at the time her father was killed in an automobile collision with a car driven by an agent of the defendant. After some years of separation the parties commenced living together again, and had done so for about six months when the death occurred. Frances Durham testified that they had not remarried, but had agreed that they would do so in the future if it appeared they could get along. No witness testified to the contrary. Frances denied…